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Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2015


Speaker(s): Alan Chapell, Alexis Goltra, Amanda Koulousias, D. Reed Freeman, Jr., David Stampley, David Wainberg, Gary A. Kibel, J. Jurgen Van Staden, Jeanette Fitzgerald, Michelle Anderson, Noah A. Levine, Noga Rosenthal
Recorded on: Nov. 18, 2015
PLI Program #: 59400

D. Reed Freeman, Jr. is a leading authority on privacy, cybersecurity, and online, mobile, and social media advertising and privacy law. Mr. Freeman serves as co-chair of the firm's Cybersecurity, Privacy and Communications Practice. 

Mr. Freeman has extensive experience defending clients in FTC and state consumer protection investigations and data breach responses. He also counsels clients on compliance with FTC and state trade regulation issues and advertising and privacy laws and self-regulatory codes. His clients include retailers, hospitality companies; financial institutions; software companies; hardware manufacturers; online, mobile, and social media publishers and advertisers; online, mobile, and social media application developers; data aggregators; advertising technology companies, advertising trade associations, industry coalitions, and seal providers; and social media-based advertising service companies. He also represents clients in false advertising disputes before the National Advertising Division of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board.

Mr. Freeman joined the firm following 16 years in private practice, where he handled a wide range of privacy, data security and advertising matters, counseled companies on FTC compliance, and served as lead counsel in numerous FTC and state consumer protection investigations and negotiations. Before joining private practice, Mr. Freeman worked in the FTC's Bureau of Consumer Protection as a staff attorney, and as chief privacy officer and vice president for legislative and regulatory affairs for Claria Corporation, an online advertising software company. 

Mr. Freeman has been called a Regulatory & Compliance Trailblazer by The National Law Journal, and is consistently recognized by Chambers & Partners (Band 1), Legal 500, Best Lawyers in America, Washington DC Super Lawyers  and Washingtonian magazine. He is a member of the International Association of Privacy Professionals' Training Advisory Board and the Board of Editors for the new Cybersecurity Law & Strategy.

Mr. Freeman is a member of the International Association of Privacy Professionals' Training Advisory Board and is on the Board of Editors for the new Cybersecurity Law & Strategy. He is the co-author of CCH's Advertising Law Guide and Privacy Law for Marketers, and previously served as an adjunct professor of privacy and advertising law at George Mason School of Law. He is a fellow of the Ponemon Institute, an organization dedicated to independent research that advances responsible information, privacy and security management practices in business and government. He previously served as a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee.

Practice Area

Regulatory and Government Affairs

Cybersecurity, Privacy and Communications

Data Security and Cybersecurity

Education

JD, University of Virginia School of Law, 1993

BA, History, University of Richmond, 1990

Bar Admissions

District of Columbia

Virginia

Clerkships

The Hon. Claude M. Hilton, US District Court for the Eastern District of Virginia, 1993 - 1994


Jeanette Fitzgerald is Executive Vice President, General Counsel and Chief Privacy Officer for Epsilon, a global data-driven marketing firm recognized by Ad Age as the #1 U.S. agency from all disciplines and the #1 global direct marketing network.

As Chief Privacy Officer, Jeanette leads Epsilon’s government affairs, legislative and regulatory initiatives related to data protection and privacy. With her extensive knowledge of data privacy issues, she has spoken before domestic and international industry associations about the implications of data privacy for businesses and consumers, and has provided testimony before U.S. Congressional committees.

In addition, Jeanette leads and manages all legal strategy for Epsilon, including counsel related to mergers and acquisitions activity for the company.

Prior to joining Epsilon, Jeanette served as Vice President and Assistant General Counsel for five years at Alliance Data, the parent company of Epsilon, and was pivotal in Alliance Data’s acquisition of Epsilon. At Alliance Data, Jeanette provided strategic counsel on issues ranging from intellectual property to M&A activity.


Michelle Anderson counsels clients on a wide variety of privacy, security and consumer protection matters.

She regularly helps clients across industries, including technology, media, consumer goods, retail and healthcare, assess and develop privacy programs to balance corporate priorities with privacy protections. This work includes advice on the implementation of privacy policies and practices related to new products and services. Michelle also guides clients through responding to security incidents, including investigation, remediation and notification. In addition, Michelle routinely negotiates privacy and security provisions in vendor agreements. Her domestic compliance experience includes counselling clients on obligations under CAN-SPAM, COPPA, GLBA, HIPAA, TCPA, VPPA and a variety of state laws.

Her practice also includes advising clients on multi-jurisdictional privacy compliance issues, such as marketing, employee privacy, cybersecurity and cross-border data transfers, including EU-U.S. Privacy Shield certification.

Michelle has actively followed state privacy and security legislation as part of the State Privacy & Security Coalition and contributed to amendments to many state privacy laws.

Michelle is a graduate of the University of Virginia School of Law and Georgetown University.


As NCC Media’s Chief Privacy Officer and General Counsel, Noga Rosenthal is responsible for guiding the company's privacy and legal initiatives; she holds deep expertise in the development and implementation of comprehensive privacy programs. 

Noga previously served as Chief Privacy Officer at Epsilon where she led the company’s worldwide privacy, compliance and regulatory activities. Prior to Epsilon, she served as General Counsel and Vice President for Compliance and Policy for the Network Advertising Initiative (NAI), running its compliance program and ensuring that member companies delivered on the promise of self-regulation for interest-based advertising. Furthermore, she also led global legal affairs for WPP’s Xaxis, a pioneering programmatic digital media business, as SVP and General Counsel. 

Noga is a member of the Women Leading Privacy Advisory Board of the International Association of Privacy Professional (IAPP) and the IAB Federal Privacy Working Group. She has also served on the IAPP’s Education Advisory Board and was an active member of the UK Data Protection Network, providing guidance on the General Data Protection Regulation. Noga also sat on the Advisory Board of the Digital Advertising Alliance, the Data Standards Committee of the Data and Marketing Association, the Legal Affairs Council and the Public Policy Council of the Interactive Advertising Bureau. She also served as co-chair of the Privacy Committee of the Mobile Marketing Association.

Noga received her bachelor’s degree in English and Political Science from Rutgers and a J.D. from Fordham Law School.

 


As Vice President for Policy and Technology, Jurgen Van Staden helps members comply with the NAI Code of Conduct and works with the NAI staff, Board and membership to address policy developments that may impact the Code or the third-party digital advertising ecosystem.  With a strong background in privacy and information security, Jurgen conducts annual compliance reviews (the keystone of the NAI’s self-regulatory program) and provides members guidance on Code-compliant use of non-cookie tracking technologies.

Prior to joining the NAI, Jurgen headed up the New York office for a European Union-based data protection consulting firm where his work focused on transnational data transfer compliance. Jurgen also worked as a Senior Risk Analyst and Cyber Security Attorney for a leading information security services and consulting firm before attending The George Washington University Law School where he earned a Masters in Law.

While at The George Washington University Law School Jurgen focused his LL.M. studies on the intersection of law, technology and policy completing courses in Privacy Law, Cyber Law, Computer Crime, E-Commerce and Digital Copyrights. In addition to his LL.M, Jurgen holds a Masters of Computer Science from the University of Tulsa’s Institute for Information Security and a J.D. from the College of Law.

Originally from South Africa, Jurgen came to the United States on a college tennis scholarship and earned his undergraduate degree in Marketing while competing in NCAA Div. I Tennis.  He is a registered EuroPriSe Seal Legal and Technical expert and holds several federal information security certifications.


Chapell began his career at a boutique direct marketing agency in Stamford, Connecticut in the early 1990’s. After several years at the agency, Chapell took a sabbatical in Mumbai, India. Upon returning to the U.S. in 1996, Chapell moved to New York City and to Jupiter Research, an Internet research firm focusing on the consumer Internet economy. During his 4-1/2 years at Jupiter, Chapell also attended Fordham University School of Law where he focused on human rights and European Union Law.

Alan is the President of Chapell & Associates, a consulting firm that helps marketers build customer trust through responsible privacy practices. Chapell founded Chapell & Associates in October of 2003. Since then, his firm has helped over 100 media and technology companies craft their privacy and data strategy. He was appointed as privacy ombudsman by the U.S. Trustees Office in many of the largest bankruptcy cases in our nations history; including General Motors and Chrysler. In addition to his work as Vice Chairman of the board of the Network Advertising Initiative, Chapell is Co-Chairman of the Mobile Marketing Association’s (MMA) Privacy Committee, a member of the Digital Advertising Alliance (DAA) advisory board, a member of the World Wide Web Consortium (W3C), International Association of Privacy Professionals (IAPP) and a prolific writer and sought after speaker on interactive marketing topics.


Noah Levine represents clients in a diverse range of litigation matters, including class actions and appeals. He has defended businesses in consumer class actions under federal banking statutes, federal and state consumer protection laws, and antitrust laws, and litigated data breach, privacy and other complex commercial matters. 

Mr. Levine's litigation practice is divided between appellate and trial work. On the appellate side, he has prepared merits briefs, petitions for certiorari and amicus briefs before the US Supreme Court and numerous federal appellate courts in cases involving arbitration, banking, constitutional, commercial, insurance, intellectual property and securities matters. Mr. Levine has presented oral argument in many of the same cases, in the US Courts of Appeals for the Second, Eighth, Ninth and Federal Circuits. On the trial side, Mr. Levine frequently represents financial institutions in class actions and other complex commercial litigation involving banking, consumer protection, data breach, privacy, intellectual property and constitutional matters.  

Mr. Levine joined the firm in 2002, and is the head of the Business Trial Group. Prior to joining WilmerHale, Mr. Levine was associated with a law firm in Seattle, Washington, and spent one year at the US Department of Justice as a Bristow Fellow in the Office of the Solicitor General.

Representative Matters

Class Actions

  • Representing financial institution in putative class action in bankruptcy court asserting discharge-injunction claims related to charged-off, sold credit card debts
  • Representing financial institution in putative class action asserting federal and state law claims related to the provision of debit cards for juror service payments
  • Successfully defeated class certification in Fair Housing Act matter brought against secondary-market purchaser of mortgage loans
  • Represented company in, and settled, putative class actions asserting various privacy and tort claims related to major cyberattack
  • Successfully defeated putative class action brought by merchant asserting contract-related claims related to payment processing services
  • Represented financial institution in, and settled, putative class action asserting claims under the Fair Credit Reporting Act related to use of consumer reports
  • Successfully defeated putative class actions asserting claims under the Truth in Lending Act and state contract law regarding repricing of credit card debt
  • Successfully defeated putative class action asserting state law claims related to allocation of credit card payments
  • Represented financial institution in, and settled, class action asserting state law claims related to provision of debit cards to prisoners upon release from prison
  • Successfully defeated federal privacy claims in putative class action related to loss of customers' personally identifying information

Appeals

  • Represented bank in appeal from denial of motion to compel arbitration in putative class action asserting discharge-injunction claims in federal bankruptcy court
  • Represented defendant trading firm in appeal from dismissal of claims under the Commodity Exchange Act
  • Successfully represented payment processor in appeal of decision dismissing merchant's putative class-action claims
  • Successfully represented life insurance company in certified class action involving state-law claims related to sales of indexed universal life insurance policies
  • Successfully represented secondary-market purchaser of mortgage loans in interlocutory appeal of district court decision denying certification of a class under Fair Housing Act
  • Successfully represented financial institution in appeal of decision granting motion to compel arbitration
  • Successfully represented national banks in appeal asserting putative class-action claims under the National Bank Act related to credit card late and overlimit fees

Honors & Awards

Mr. Levine was recommended by The Legal 500 United States in 2016 for his dispute resolution and general commercial litigation practice.

 


Alexis Goltra is Chief Privacy Officer and Asst. General Counsel for Privacy & Security at Oracle.  In that capacity, Alexis manages Oracle’s global privacy and data protection compliance program, which includes advising all lines of business and internal organizations (including Cloud Services, Global Security, Information Technology, Marketing, Development and HR) on the application of global data protection laws to Oracle’s services and operations.  Alexis is also responsible for maintaining global privacy and security policies, coordinating security incident and regulatory inquiry responses, performing privacy by design system and product reviews, creating contract templates with required global data protection terms, and negotiating privacy and security terms to be included in customer and vendor contracts.  Before joining Oracle in 2001, Alexis was an associate at Palmer & Dodge LLP in Boston.  Alexis is a graduate of Harvard College, the University of Virginia School of Law and Cambridge University.


Amanda Koulousias has been an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission since 2009.  Her work focuses on privacy, data security, and Fair Credit Reporting Act issues from both an enforcement and policy perspective.  She earned her law degree from the George Washington University Law School and her undergraduate degree from Ramapo College of New Jersey.


David Wainberg is a lawyer and former web developer with extensive expertise in online privacy and the digital advertising ecosystem. At AppNexus, David leads the company on privacy and an array of public policy issues, including malware and piracy. Before AppNexus, David served as Counsel to the Network Advertising Initiative (NAI), where he formed the NAI's compliance review program, now cited as a leading model for self-regulation, and worked on a range of policies that have helped shape the digital advertising industry.


Gary A. Kibel is a partner in the Digital Media, Technology & Privacy Practice Group of Davis & Gilbert. Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters. He advises interactive companies, advertising agencies, media providers and other commercial entities regarding transactions for interactive advertising, behavioral advertising, social media, programmatic media buying, mobile marketing, affiliate marketing, data collection and usage, and other emerging products and services. Mr. Kibel also serves as General Counsel to the Performance Marketing Association.

Mr. Kibel is a Certified Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including, internal information security policies, contractual obligations and requirements, security breaches and incident responses, audits, cross-border data transfers and other matters in connection with an organization’s collection, storage and use of data in all aspects of its business. He is a former co-chair of the International Association of Privacy Professionals’ (IAPP) New York City KnowledgeNet group. Mr. Kibel has been identified as a “Recognised Practitioner” in the Privacy & Data Security – Nationwide category by Chambers USA: America’s Leading Lawyers for Business (2015-2017). In addition, Mr. Kibel has been recognized by The Legal 500 United States in the area of privacy and data protection for six consecutive years (2012-2017).


David A. Stampley, a partner at KamberLaw, focuses on litigating data privacy and security issues on behalf of consumers. Mr. Stampley has previously served as an Assistant Attorney General in the New York State Attorney General’s office, where he led landmark cases to protect consumers‘ online privacy and security in enforcement actions against DoubleClick, Ziff Davis Media, Eli Lilly (the prozac.com data breach), and AOL/Netscape (SmartDownload spyware).

In the private sector, Mr. Stampley managed digital forensics services and served as a privacy compliance consultant to global clients for Neohapsis, a highly regarded provider of information risk management and security consulting services, where he was also General Counsel.